Remington v. Price

The opinion of the court was delivered by

Dunbar, J.

This is an action by a receiver to obtain possession of certain property in the hands of thd sheriff for the purpose of managing and controlling said property, the prayer being for an injunction restraining the sale by said sheriff, the sheriff having possession by virtue of an execution issued on several different judgments which the plaintiff alleged to have been fraudulently and illegally obtained.

We will first notice the purely legal questions involved, the first being a question of practice, viz., an error assigned by the appellant that…